Picture America without pictures of America
A Coalition of Concerned Citizens, Filmmakers and Photographers
Picture America without pictures of America
A Coalition of Concerned Citizens, Filmmakers and
Photographers
About Picture America | Comments |
Picture America
We are seeking to learn and articulate what ought to be done about government film permit regulations that limit the freedom of citizens to shoot still photos and make video recordings across America. With new technology like digital still cameras and video camcorders along with computer software like Photoshop, iPhoto, iBook, iMovie, FinalCut, iDVD, .Mac Web Galleries, YouTube, Blip TV and other Internet and computer technologies the old "Personal Use / Commercial Use" government permit model is unjust and no longer applicable. Digital Photo/Video Technology has moved way ahead of the old, misguided "Personal Use / Commercial Use" government film permit process as the blessings of liberty of American citizens are diminished. - from a sample letter to a State Film Commission |Picture America
Commercial Permit Requirements
Through legislative reform, legal action in the courts and a sustained media campaign our goal is to enhance the freedom and liberty of all citizens to create still photos and video projects, original works of authorship, all across America on city streets, country roads, parks, forests -- anywhere an individual elects -- by rethinking the commercial "permit" requirement by government agencies.One approach is to reframe the issue and fully eliminate the concept of "Personal Use / Commercial Use" categories for original works of authorship. "Personal Use / Commercial Use" ought not be the criteria for photo / video "permits" in a free society. The only criteria for government Permit Requirements in America ought to simply be whether or not a government agency will be required to perform any direct project services for a still photographer or filmmaker on a selected photo / video project.
The Reasonable Man Standard - looking at photo / video activity ahead of time a reasonable man would anticipate that there would be a need for government services -- and that would trigger the need for a photo / video permit. The need for a permit should not be predicated on the end use, but on the need for government service in the actual process of photo / video activity.
A local or state public official involved in the regulating film permits ought not apply the concept of "Personal Use / Commercial Use" categories
Shooting still photos and recording video with today's technology has a minimum impact on the environment.
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The First Amendment Is My Permit!The right of each citizen, photojournalist and filmmaker to take still photos and record video on the streets, highways, beaches, mountains, parks, hiking trails, shoreline, and in cities, towns and communities all across America and utilize those original works of authorship anyway we desire for "Personal Use / Commercial Use." Now still images and video recordings can be sent up on the Internet to sites like .Mac Web Galleries, Blip TV, YouTube and other Internet media sites -- and we ought to have the right to select what will be done with our original works with full freedom and no hassle by government officials to stop shooting without a permit or pay for permits at a later date if still photos or video recordings end up having a "Commercial Use" down the road.
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CopyrightThe Copyright provisions in The Constitution of the United States conflict with the misguided concept of government film permits framed by "Personal Use / Commercial Use."
The power to enact copyright law is granted in Article I, Section 8, Clause 8, also known as the Copyright Clause states: The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
U.S. Copyright Office: http://www.copyright.gov/ |A filmmaker is an "author."
A still photographer is an "author."
As defined by U.S. Copyright Law• Visual Art Works - still photos
• Performing Art Works - motion pictures and other audiovisual works.
• Sound Recordings - as part of a motion picture or other audiovisual workPicture America
JOHN LONGENECKER
Enforceability - government agencies now seek law that can be enforced on the "end use" of photo/video activity. The burden of showing of "Personal Use / Commercial Use" now is on the indivisual. Governments typically use Model Codes so now the misguided "Personal Use / Commercial Use" legal concept is entrenched in statutes and ordinances regarding photo / video activity -- see California Codes |
YouTube videos: YouTube.com/PictureAmerica |
Yahoo Group: http://groups.yahoo.com/group/Picture_America/ |
Send us your comments, photos, local stories and links to JL@PictureAmerica.org |
Picture America
A Coalition of Concerned Citizens, Filmmakers and
Photographers
site: PictureLA.org
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site: PictureNewYork.org
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Picture America: PictureAmerica.org
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email: PictureAmerica@mac.com
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